Delimit key: Collect money the property of bilk should be compared suck illegally store public deposit is abominable, the time that capital recalls countervail wants longer, recovered capital scale wants lower. The case of cruel thunder of all sorts of platform of financial conduct financial transactions is particularly much recently, and have many platform already put on record, some platform with " absorb the public illegally to deposit money " nominal put on record, have a plenty of with " collect money crime of fraud " put on record.
But investor often is done not clear the distinction between name of these put on record, analyst of conduct financial transactions spreads to everybody: Suck illegally put, collect money bilk, illegal the distinction between and condition of put on record. What should point out above all is, in the criminal law of our country, have absorb the public illegally deposit blame and collect money crime of fraud, but did not collect money illegally blame. Collecting money illegally is a kind of behavior, collect money illegally behavior + different goal + the accusation with different sequential corresponding = .
Absorb illegally the public deposits money and collect money bilk belong to collect money illegally behavior. That is to say, absorb the public illegally deposit, collect money bilk behavior, include in collect money illegally in behavior. Cite a case: Some orgnaization has collect money illegally behavior, the method that is purpose, use bilk with detinue undertakes fund raising illegally, and amount is larger, be adjudged finally to be by the court " collect money crime of fraud " . So, real charge has only " absorb the public illegally to deposit money " and " collect money bilk " , say for next mask body both the distinction between.
Draw public deposit illegally
Suck illegally put = to be sucked illegally store, dispute law absorbs the abbreviation that the public deposits money. The definition is, without approval of Chinese people bank, to the society not specific target draws fund, with the name that perhaps does not deposit money with absorbing the public, issue a certificate, acceptance repays captital with interest inside proper time, the behavior of disturbed finance order.
In the platform that is investigated by put on record at present, the majority is with this name put on record, for instance be in harmony of capital of canister of finance of a round flat piece of jade with a hole in its center of money father, great conduct financial transactions, couplet, Tang Xiaoseng, pocket money, general, endowment state accuses, join an age, get rich the platform such as the pig.
Absorb public deposit illegally to include two kinds of cases: It is to did not absorb the individual of public deposit aptitude or legal person to absorb the public to deposit money, 2 it is to have the legal person that draws public deposit aptitude to use illegal method to draw public deposit.
At present P2P platform of Bao Lei, with admitting public deposit guilt illegally of put on record, it is the first kind of circumstance. The identity of P2P platform is message medium, match the platform of borrower and lender, if platform combines compasses operation, in the account that capital did not enter platform, manage account or entering a bank to put however is borrower account.
So, true P2P platform from lender that collect collects money golden behavior, do not belong to suck illegally put, match leasehold act however.
But if platform from the money that takes over there investor, did not enter borrower over there, exist however from behavior of be in harmony, use fund in the place of other, house property of the management that is used at related company for instance, investment or stock market, and come to principal and interest of lend everybody cash with among them gain, this kind of behavior is belonged to draw public deposit illegally. If manage undeserved perhaps invest failure, cannot normal cash, can bring about come to the light.
Can say, at present the net borrows the market true can 100% close compasses management platform is very few, can exist more or less a few violate the act of compasses, especially already cruel thunder and the platform that is investigated by put on record, have a problem for certain. Just father as superintendency hasten, illegal or violate the behavior of compasses or platform to meet drop off.
Suck illegally store what the 2nd kind of circumstance is aimed at is the bank has the financial orgnaization that absorbs public deposit aptitude this kind, but suck store method or utility existence violate act.
For instance the saving interest rate of the bank has unified regulation, the standard interest rate that the Central Bank can set to each archives deposits money, and the fluctuation that the bank moves in rise of base of standard interest rate is restricted, but some banks receive more fund to can be sucked, the meeting is furtive in give depositor discount, perhaps raise saving interest rate with other means do sth without authorization.
In addition, the bank will absorb the deposit that come to be used at be being managed illegally, open the capital of the unit memory account to wait with individual name, belong to suck illegally store. Nevertheless this part is not the key of article discussion.
Collect money bilk
Definition: It is a purpose with detinue, the behavior that use bilk method collects money illegally, achieve diddle to collect money the purpose of the paragraph. Incorporate is: (1) roll the money runnings road; (2) prodigal collect money paragraph, cause collect money the paragraph cannot be returned return; (3) use collect money the paragraph undertakes illegal guilty activity, cause collect money the paragraph cannot be returned return; (4) have other fraudulent action, refus is not returned still collect money paragraph, perhaps cause collect money the paragraph cannot be returned return.
The platform of put on record is medium recently, very few in order to collect money of put on record of crime of fraud, the home that sends only is this kind of circumstance. Expecting according to exploding is the Jing day fraud that familial cloth leaves Lu, the purpose is to achieve the goal that takes money through buying platform of much home P2P, property is very abominable, so very fast in order to collect money put on record of crime of fraud.
And the E that was intervened by classics detect in December 2015 hires treasure, platform the project of 95% is a holiday, tall canal group is packed to come out, from the fund that come is drawn wildly over there lender by launch out, the fund raising that this also is a model bilk.
Collect money the case of bilk is more severe, platform did not absorb the qualification that the public deposits money not only, and fund raising purpose is for bilk, press a root to did not want to return money to lender. Collect money the property of bilk should be compared suck illegally store public deposit is abominable, and always collect money bilk behavior, often hold concurrently admit public deposit act illegally.
Condition of put on record
1, draw public deposit illegally, the following circumstance should satisfy to reach level of put on record namely only:
(1) the individual is absorbed illegally or covert absorb the public to deposit money, amount is in of 200 thousand yuan of above, the unit is absorbed illegally or covert draw public deposit, amount is in of 1 million yuan of above;
(2) the individual is absorbed illegally or covert absorb the public to deposit money of 30 above, the unit is absorbed illegally or covert absorb the public to deposit money of 150 above;
(3) the individual is absorbed illegally or covert absorb the public to deposit money, be in into amount of immediate pecuniary loss to deposit man-made of 100 thousand yuan of above, the unit is absorbed illegally or covert draw public deposit, cause number of immediate pecuniary loss to depositor of 500 thousand yuan of above.
2, collect money crime of fraud
(1) the individual collects money bilk, amount is in of 100 thousand yuan of above;
(2) the unit collects money bilk, amount is in of 500 thousand yuan of above.
The net borrows platform or orgnaization of conduct financial transactions belongs to an unit this kind apparently, from the point of amount, absorb public deposit amount illegally to be in 1 million yuan of above are OK put on record, collect money bilk wants amount to be in only 500 thousand yuan of above is OK put on record. Also can see from here collect money the property of bilk is more abominable, amount is less also can put on record.
How many fund can hind of put on record recover?
Near future of analyst of conduct financial transactions has made an investigation, by the problem platform that put on record investigates, the capital scale that lender person can take finally is 55.8% , average last a period of time 20.5 months. Among them by qualitative to collect money the platform of crime of fraud, the time that capital recalls countervail wants longer, recovered capital scale wants lower.
But not be to say to collect money the fund that the platform that the platform of bilk deposits money than absorbing the public illegally certainly recovers wants little, for instance the case property of drip-drop fortune is to collect money bilk, the scale that capital recovers is 80% , but the way of case property dispute that copper borrows absorbs the public to deposit money, the scale that capital recovers only 12.3% .
If collect money the platform of bilk, cheat the capital that come to do not have by prodigal go out, perhaps adequate capital undertakes pay off, the capital proportion that lender can recover finally is larger.
What analyst of conduct financial transactions warns investor even is, platform provides a pain with absorbing the public illegally to put by put on record, final and qualitative when be not is this accusation. Initial stage of a lot of platform puts a valve with absorbing the public illegally most put on record, but bilk act discovers in investigation process, finally by qualitative to collect money crime of fraud.
Does platform stand not what does put on record have to distinguish?
If platform is cruel thunder, can oneself give a Qing Dynasty dish plan or cash plan, so not the money of lender of put on record also can be chased after, if platform is enough moral word, all capital can recapture, and return can recapture one part interest.
If platform runs road or it is existence bilk behavior, put on record is best result, if do not grant criminal put on record, lender can want through urging or civil sue means to seek countervail money, but the cost of individual of this kind of means is higher, and if of the mark on platform is false, undertake chasing after countervail without true borrower, the odds that lender wants to return money is very low.
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